Rakesh Tiwari, J. - (1.) Heard learned counsel for the parties and perused the record.
(2.) A perusal of the record shows that the petitioner is the tenant of Smt. Sarla Chaturvedi, respondent No. 1, in a shop consisting of a room in House No. 8/44, Ashok Bhawan, Pukhraya, Kanpur Dehat on a monthly rent of Rs. 250/-. It appears that the husband of respondent-landlady Sri B.D. Chaturvedi is doing a business in KolKata. Due to his ill health and on the advice of his doctor he wants to come to his home town after closing his business there at Kolkata to do the business of ready-made garments with his second son in the shop occupied by the petitioner, hence the respondent-landlady moved an application under Section 21 (1) (a) of U.P. Act No. XIII of 1972 (hereinafter referred to as the Act) before the Prescribed Authority/Civil Judge (Senior Division), Kanpur Dehat for eviction of the petitioner from the shop in dispute.
(3.) The judgment and order passed by the Prescribed Authority has been challenged by the petitioner in Appeal No. 2 of 1998 filed by the father of the petitioner Sri Nizam Ahmad. The petitioner also filed an application before the Additional District Judge, Court No. 1, Kanpur Dehat for impleadment claiming himself to be tenant of the premises in dispute which was allowed vide order dated 18.1.2000. The appeal was dismissed vide judgment and order dated 2.11.2006 by the Additional District Judge, Court No. 1, Kanpur Dehat.;